10th Circuit backs states, EPA on 'exceptional' air law waivers

The U.S. Court of Appeals for the 10th Circuit in a new ruling is bolstering EPA's discretion to approve states' applications for Clean Air Act regulatory exemptions for “exceptional events,” such as dust storms or wildfires, backing the agency's approval of dozens of requests from Colorado over environmentalists' objections. In its unanimous July 24 ruling in Robert Ukeiley v. EPA, et al. , a three-judge panel backs EPA's discretion to grant Colorado exemptions from compliance with “coarse” particulate matter (PM10)...